New Delhi | Jagran News Desk: In no sigh of relief to Bollywood megastar Shah Rukh Khan's son Aryan Khan, the 23-year-old will spend another night in jail as the Special NDPS Court in Mumbai on Wednesday adjourned his bail hearing till Thursday. The hearing which lasted for almost 6 hours, saw submissions from Aryan Khan, Arbaz Merchant and Munmun Dhamecha's lawyers, on their bail pleas.
Aryan Khan along with Arbaz Merchant, Munmun Dhamecha was arrested on October 3 following a raid on the Goa-bound cruise ship and is presently in judicial custody. The male accused have been lodged at the Arthur Road prison in Mumbai, while the female accused has been sent to the Byculla jail for women. The three accused approached the special NDPS court on Monday seeking bail after a magistrate's court rejected their bail pleas last week terming them not maintainable in the court.
What Aryan Khan's Lawyer said during the hearing:
1. Senior Advocate Amit Desai appeared for Aryan Khan today in Special NDPS Court. Desai stated that his client is a "young kid," who has learned his lesson and requested the court not to penalize him anymore.
"They are some young kids. In many countries these substances are legal. Let us not penalize in bail. Let us not make it worse for them. They have suffered enough, they have learned their lesson, if at all. They are not peddlers, racketeers, or traffickers," argued Desai.
2. Attacking the NCB for false charges against Khan, Desai said, "NCB has made the allegation of international drug chain. NCB's reply is a well-drafted document which says connection with other accused. The NCB has used a very frightening term ‘illicit trafficking” and just dumps it on Aryan Khan."
3. Not even a single drug was recovered from Khan, argued Desai. "The 13 gms of cocaine are not from Khan and neither are the ecstasy pills, mephedrone. Nothing is from him. He did not have cash. He did not have plans to consume or sell drugs," he said. "When it comes to the secret information of use, sale, and consumption, that was not Aryan Khan," he added.
4. Desai also stressed the fact that Khan was invited to a party on the cruise ship by a person named Prateek Gaba who hasn't been arrested to date. "They may have had information of a rave party but, it does not give them a right to pick up people otherwise unconnected and from who there was zero recovery or hold on to their custody when not required," he argued.
5. No sale, purchase, export or transshipment had taken place with regards to his client, mentioned Desai. "Illicit trafficking is punishable under which section? 27A. The Panchnama doesn’t even talk of international trafficking. 27A was never invoked because they knew that Mr khan has not been involved in illicit trafficking," he said.
What NCB contended during the hearing:
Opposing the bail plea of Aryan Khan, the NCB said that the probe so far has revealed his role in the conspiracy and illicit procurement and consumption of drugs. The NCB in its affidavit also said that Aryan Khan was in touch with some persons, who appear to be a part of an international drug network for procurement of drugs.
Further probe is on with regard to financial transactions done abroad, the agency said. “During initial investigation, some international linkages pertinent to this applicant (Aryan Khan) have been unearthed which prima facie indicate towards illicit drug procurement. The investigation requires sufficient time so as to approach the foreign agency concerned,” the affidavit said.
The NCB also submitted in the affidavit that the case of each of the accused cannot be considered individually or separately, as prima facie investigation reveals that there is a close link/nexus among all the accused, including Aryan Khan, for conspiracy to commit offences. “It is not feasible to dissect or separate each from the other. All ingredients of crime, that are preparation, intention, attempt and commission, are present for this applicant (Aryan Khan),” the affidavit said.
“It is prima facie revealed that accused No 1 (Aryan Khan) used to procure contraband from accused No 2 (Arbaaz Merchant) and the sources connected to accused No 2, from whose conscious possession six grams of Charas was recovered,” the NCB said in its affidavit.
It further said the material collated during investigation primarily revealed that Aryan Khan has a role in illicit procurement and distribution of the contraband. As per investigations carried out so far, accused Aachit Kumar and Shivraj Harijan had supplied Charas to Aryan Khan and Arbaaz Merchant, the anti-drugs agency said.
Posted By: Sugandha Jha